Ex Parte Merryman
United States Circuit Court for the District of Maryland
17 F. Cas. 144 (1861)
Relevant factsFree
John Merryman (defendant), a lieutenant in the Maryland militia, was arrested by military authorities and accused of destroying railroad bridges to prevent Union troops from moving through Baltimore during the early Civil War. Merryman filed a petition for a writ of habeas corpus, but President Lincoln had purported to authorize the suspension of the writ, and the military officer holding Merryman refused to produce him or respond to the writ on that basis.
IssueFree
Whether the President of the United States has the constitutional authority to suspend the privilege of the writ of habeas corpus, or to delegate that authority to a military officer.